https://www.taxtmi.com/caselaws?id=70513 A transfer by a sole surviving coparcener to his minor daughters for education, maintenance and marriage expenses may still constitute a taxable gift, even if made under a family arrangement and not against an existing enforceable share or maintenance right. The basic contention that no gift arose was rejected. However, the alternative claim that the transfer could qualify for exemption under section 5(1)(vii) or section 5(1)(xii) of the Gift-tax Act required separate factual scrutiny because it had not been examined below. The assessment was therefore set aside and the exemption issue remitted for fresh consideration. en-us Tue, 28 Sep 1976 00:00:00 +0530 Mon, 23 Jan 2012 16:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=70513 A transfer by a sole surviving coparcener to his minor daughters for education, maintenance and marriage expenses may still constitute a taxable gift, even if made under a family arrangement and not against an existing enforceable share or maintenance right. The basic contention that no gift arose was rejected. However, the alternative claim that the transfer could qualify for exemption under section 5(1)(vii) or section 5(1)(xii) of the Gift-tax Act required separate factual scrutiny because it had not been examined below. The assessment was therefore set aside and the exemption issue remitted for fresh consideration. Case-Laws Income Tax Tue, 28 Sep 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=70513